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(영문) 서울동부지방법원 2019.02.15 2018고단4023

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From September 2015 to January 2018, the Defendant assisted the victim by means of preparing a complaint, an application for provisional disposition, etc. against the divorce lawsuit filed by the victim B from September 2015 to January 2018.

On June 1, 2017, the Defendant transferred KRW 10 million to the E bank account (F) in the name of the Defendant, upon request by the victim to use the “Seoul Special Metropolitan CityDD building” owned by the husband of the victim’s husband as the cost of transfer of ownership due to division of property.

On June 19, 2017, while the defendant kept the above money for the victim, he voluntarily withdraws the sum of KRW 10 million in cash from the E Bank ATM machine located in Gwangjin-gu Seoul Special Metropolitan City on two occasions, and he used KRW 5 million at the expense of the office of the reconstruction promotion committee operated by the defendant, and consumed the remainder of KRW 5 million at the expense of the attorney-at-law appointment related to the above committee.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of the progress of divorce cases filed by the complainant, registered matters in the name of the husband, registered matters in the name of the husband, registered matters in the name of the complainant, mediation protocol of divorce cases, and decision recommending reconciliation

1. Details of deposits;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a suspect's financial transaction statement), investigation reports (Hearing of a complainant's statement), investigation reports (Hearing of statements by the head of the office of H certified judicial scrivener);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines (decision of type), group of embezzlement and breach of trust, group of types 1 (less than 100 million won), (special person) increased and mitigated factors: None (generally increased factors): Where the relevant person is an aggravated factor: [the scope of recommending punishment] where the relevant person is an aggravated factor: April to April of imprisonment;

2. Determination of sentence;